Petitioner, the 2nd accused, sought expeditious disposal of a pending criminal case initiated in 2012. The Court accepted the Magistrate's estimate of 8 months required for disposal and directed the court to dispose of the case within that period.
Direction to the Judicial First Class Magistrate Court-I, Eattumanoor, to dispose of C.C.No.947/2012 within eight months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 06TH DAY OF FEBRUARY 2020 / 17TH MAGHA, 1947
Crl.MC.No.445 OF 2020(E)
AGAINST THE PROCEEDINGS IN CC 947/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT- I, EATTUMANOOR
CRIME NO.4/2012 OF GANDHINAGAR POLICE STATION , KOTTAYAM
PETITIONER/2ND ACCUSED:
NIDHISH, AGED 28 YEARS, S/O SIDHARTHAN, VELLUNNIPPARAYIL HOUSE, KODASSERY, NAYARANGADI, THRISSUR DISTRICT.
BY ADV. SRI.A.K.HARIDAS
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682 031.
2 SUB INSPECTOR OF POLICE GANDHINAGAR POLICE STATION, KOTTAYAM DISTRICT-686 001.
OTHER PRESENT:
SRI.C.S.HRITHWIK- SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.445 OF 2020(E)
2
ORDER
Dated this the 6th day of February, 2020
The petitioner is the 2nd accused in C.C.No.947/2012 pending
on the files of the Judicial First Class Magistrate Court-I, Eattumanoor,
for having allegedly committed offences punishable under Sections 379,
414 read with Section 34 of the IPC. The petitioner seeks expeditious
disposal of the case since it is a crime of the year 2012. A report was
call for from the jurisdictional Magistrate and it is stated that at least 8
months may be required for disposal of the case. The time sought by the
learned Magistrate appears to be reasonable.
In the result, the Crl.M.C. is disposed of with a direction to
the Judicial First Class Magistrate Court-I, Eattumanoor, to dispose of
C.C.No.947/2012, on the files of that court within a period of eight
months from the date of receipt of the copy of the order.
Sd/-
ASHOK MENON
JUDGE
NR/06/02/20
Crl.MC.No.445 OF 2020(E)
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CC NO 947/2012 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT 1, ETTUMANNOOR
ANNEXURE A2 CERTIFIED COPY OF THE PROCEEDINGS IN CC NO 947/2012 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT 1, ETTUMANNOOR
RESPONDENTS' EXHIBITS: NIL
// TRUE COPY// PA TO JUDGE
1 issue framed by the court
Whether the time sought by the Judicial Magistrate for disposal of a pending case is reasonable.
3 provisions across 1 enactments
Nidhish
State of Kerala
Sub Inspector of Police Gandhinagar Police Station
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court